Terms and Conditions

This website is operated by Construction Safety Wise. Our store is hosted on Shopify Inc. They provide us with the on-line e-commerce platform which allows us to sell our products and services to you. Throughout the site, the terms ‘we’, ‘us’ and ‘our’ refer to Construction Safety Wise. Construction Safety Wise offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices contained herein.By accessing, browsing and/or purchasing from Construction Safety Wise, you denote your acceptance of the following terms and conditions. This includes those additional terms and conditions and policies referenced and available on the site. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms and Conditions carefully. If you do not agree to all the terms and conditions of this agreement, then you will have not have access to our products and the only solution is to discontinue use of the website. Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1

Disclaimer
Construction Safety Wise, its officers, servants, affiliates, agents, contractors, or licensors will not be held responsible (liable) for any actions, claims, liability, damage, loss or injury incurred in connection with or arising from or is in any way related to accessing or utilising Construction Safety Wise products, services and material and the information contained therin, irrespective of the type of loss, damage or injury and however this loss, damage or injury may occur, arise or be caused. This includes but is not limited to any negligence, wilful act, breach of contract, errors, omissions in any content, breach of statutory duty or otherwise by Construction Safety Wise, its officers, servants, employees, affiliates, agents, contractors, or licensors.
In accessing and utilising the documentation contained on the Construction Safety Wise site, the user accepts and agrees that it is provided as generic, non- site specific material and as such the user indemnifies Construction Safety Wise, its officers, servants, affiliates, agents, contractors, or licensors against any actions, claims, liability, loss or damage irrespective of it having arisen or being directly or indirectly caused from or is in any way related to accessing or utilising Construction Safety Wise products, services and material and the information contained therin and irrespective of whether or not such materials have been modified by the user.

Copyright/Licence Terms
By agreeing to these Terms and Conditions you understand that you are purchasing a single user license/permission for any of the documentation contained on the Construction Safety Wise site. A single user licence/permission can only be used by the individual or business or Company purchasing the documentation for internal Work Health and Safety and/or Occupational Health and Safety compliance management only. No part of documentation under any circumstances, can be passed onto or resold for any reason whatsoever to a third party without written consent from Construction Safety Wise. If documents are required for tendering application purposes they may be submitted on a confidential basis with the express permission of Construction Safety Wise but are not permitted to be used for public distribution.

Refund Statement
Construction Safety Wise has tried to ensure the accuracy and high quality of the documentation and within the guidelines of Australian Health and Safety Legislation and AS/NZ 4801 for workplace compliance purposes. All effort has also been made to ensure that the product details and description contained on the site adequately describes the product you are purchasing. Whilst there is no consultancy service attached to our products, if you, for whatever reason are not satisfied with the quality of your purchase please contact us immediately by completing the contact us form on the site. If the issue cannot be rectified a refund will be offered within 7 days from the date of purchase or a credit offered (subject to our refund policy). Please choose carefully as an incorrect choice does not constitute reason for a refund. If you have any concerns or queries with regard to any of our products please let us know via our site Contact Us form and complete your inquiry.

Guarantees and Warranties
Under applicable State, Territory and Commonwealth Law (including, without limitation the Competition and Consumer Act 2010 (Cth) (CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees). The seller acknowledges that nothing in these terms and conditions purports to alter or exclude the Non-Excluded Guarantees.Except as precisely set out in these terms and conditions or in respect of the Non-Excluded Guarantees, the seller makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the products for specific sites or projects. The seller’s liability in respect of these warranties is limited to the fullest extent permitted by law. If the purchaser is a consumer within the meaning of the CCA, the Seller’s liability is limited to the extent permitted by section 64A Schedule 2. If the seller is required to replace the products under this clause or the CCA, but is unable to do so, the seller may refund any money the purchaser has paid for the products. If the purchaser is not a consumer within the meaning of the CCA, the seller’s liability for any defect or damage in the Products is totally negated. Subject to the CCA, the seller shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
The purchaser using the products for any purpose other than that for which they were intended
The purchaser failing to conduct on site safety auditing and/or risk management processes
The purchaser failing to appropriately adjust the products to site specific risks and hazards
The purchaser continuing the use of any products after any flaw became apparent or should have become apparent to a reasonably prudent operator or user. The purchaser failing to follow any instructions or guidelines provided by the Seller.

Privacy Statement
Construction Safety Wise understands the need for and respects your privacy. When you provide us with information to complete a transaction, verify your credit card or place an order, the information is stored on our hosts (Shopify Inc.) secure server behind a firewall. If you choose a direct payment gateway to complete your purchase then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS) and stored as long as is necessary to complete your purchase transaction. On completion your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS by the PCI Security Standards Council, which is a joint effort of brands like, Visa, Master Card and American Express. An email notification follows your order, however information regarding the payment details (PayPal or Credit Card) is NOT NOR WILL EVER BE transmitted via email or any other insecure means.

Consent Statement

When you place an order we imply that you consent to our collecting and using personal (name, address and email address) within Australian privacy principles only and this includes from time to time email marketing about new products and other updates including Health and Safety warnings. When you contact our on line store Construction Safety Wise or our consultancy Construction WHS Consultants, we may keep a record of your communication to assist us in resolving any issues that you have with any of our products. We may use your email address to notify you of any new changes or improvements.

It is our policy:
• Not to sell, trade or otherwise disclose your information to third parties unless our Terms of Service have been violated or we are required by law to do so.

The content of the site belongs to Construction Safety Wise and is subject to change without notice. Illegal or unauthorised use, including copying or distribution of material unless that which is permitted in our Copyright/License terms is strictly prohibited.
Construction Safety Wise reserves the right to refuse or cancel an order you place with us for (but not limited to) the following reasons:
• if the product has been listed incorrectly,
• if the price is incorrect
• if the description is incorrect
• if incorrect, out of date, incomplete, or inaccurate account or purchase information is provided
Please refer to our full privacy and security policy.

Cookies and Google Analytics
Construction Safety Wise site uses cookies. These have been selected to improve your on line experience with us. You can choose to opt-out of cookies at your discretion. The website uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses ‘cookies’ which are text files placed on your computer in order to analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted and stored by Google on servers in the United States. Google uses this information to evaluate your use of the website, compile website activity reports and provide other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please be aware that this may affect the full functionality of the website. By using this website you consent to the processing of data about you by Google analytics in the manner and for the purposes set out above. Please refer to our Privacy and Security Policy for the list of
cookies that we use.

Section 2
On line Store Terms
By agreeing to these Terms of Service, you represent that you are or are at least the age of majority in your state or territory of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to the site.

General Conditions
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Modifications to the Products and Prices
Our aim is to provide the best possible product to ensure the health and safety of you and your workers. As such our products will undergo a process of continual improvement. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the product (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product.

Accuracy of Billing and Account Information
It is in the purchasers and sellers best interest that all billing and account information is accurate. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ‘as is and ‘as available’ without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Compatibility
Our products are created using Foxit Phantom PDF. This program has been created for optimum compatibility with other PDF platforms. However as Software Providers do change their product parameters regularly, from time to time issues may occur. Construction Safety Wise or affiliates cannot guarantee nor warrant the compatibility with other PDF Software providers and you will need to contact your software provider concerning any issues. Our recommendation is to take advantage of the Free download of Foxit Reader to achieve best results for your documentation purchased on line.

Using our enquiry/contact form
If, you complete an enquiry form, you agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for the accuracy of any comments you make. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy and Security Policy for more information.

Errors, Inaccuracies and Omissions
Every effort has been made to ensure the accuracy of the material on the site. Occasionally there may be information on our site or in the products which contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of
the Service or any related website for violating any of the prohibited uses.

Privacy and Security Policy

Section 1 - Statement

Privacy Statement
Construction Safety Wise understands the need for and respects your privacy. When you provide us with information to complete a transaction, verify your credit card or place an order, the information is stored on our hosts (Shopify Inc.) secure server behind a firewall. If you choose a direct payment gateway to complete your purchase then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS) and stored as long as is necessary to complete your purchase transaction. On completion your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS by the PCI Security Standards Council, which is a joint effort of brands like, Visa, Master Card and American Express. An email notification follows your order, however information regarding the payment details (PayPal or Credit Card) is NOT NOR WILL EVER BE transmitted via email or any other insecure means.

Consent

It is our policy:
Not to sell, trade or otherwise disclose your information to third parties unless our Terms of Service have been violated or we are required by law to do so. • The content of the site belongs to Construction Safety Wise and is subject to change without notice. Illegal or unauthorised use, including copying or distribution of material unless that which is permitted in our Copyright/License terms is strictly prohibited. • Construction Safety Wise reserves the right to refuse or cancel an order you place with us for (but not limited to) the following reasons:
• if the product has been listed incorrectly,
• if the price is incorrect
• if the description is incorrect
• if incorrect, out of date, incomplete, or inaccurate account or purchase information is provided

Section 2 – What we do with your information
The reason we collect information from you is to enhance your experience with us and provide you with better service. When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. When you contact Construction Safety Wise, we may keep a record of your communication to assist us in resolving any issues that you have with any of our products. We may use your email address to notify you of any new changes or improvements.

Section 3 - Consent
When you place an order we imply that you consent to our collecting and using personal (name, address and email address) within Australian privacy principles only and this includes from time to time email marketing about new products, improvements and other updates including Health and Safety warnings. When you contact our on line store Construction Safety Wise or our consultancy Construction WHS Consultants, we may keep a record of your communication to assist us in resolving any issues that you have with any of our products.

Section 4 - Disclosure
We may disclose your personal information if we are required by law to do so or if you violate our Terms and Conditions of Service.

Section 5 – Shopify
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
Payment:
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

Section 6 – Third Party Servers
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Links When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Section 7 – Cookies and Google Analytics
Construction Safety Wise site uses cookies. These have been selected to improve your on line experience with us. You can choose to opt-out of cookies at your discretion. The website uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses ‘cookies’ which are text files placed on your computer in order to analyse how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted and stored by Google on servers in the United States. Google uses this information to evaluate your use of the website, compile website activity reports and provide other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please be aware that this may affect the full functionality of the website. By using this website you consent to the processing of data about you by Google Analytics in the manner and for the purposes set out above. Here is a list of cookies that we use. You can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite, if the shop has a password, this is used to determine if the current visitor has access.

Section 8 - Security
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Section 9 – Age of Consent
By using this site, you represent that you are or are at least the age of majority in your state or territory of residence.

Section 10 – Changes to this Privacy/Security Policy
We reserve the right to modify this privacy and security policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Section 11 – Questions and Contact Information
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information please go to our contact us page and complete your inquiry.

Call a Safety Consultant 1300 881 928

Terms and Conditions